Colorado grants review of pole camera surveillance

“Petition for Writ of Certiorari GRANTED. EN BANC. [¶] Whether the court of appeals erred in concluding that video surveillance through a camera mounted to a utility pole constituted a warrantless search in violation of the Fourth Amendment.” People v. Tafoya, 2020 Colo. LEXIS 647 (July 27, 2020);* People v. Sanchez, 2020 Colo. LEXIS 677 (July 27, 2020).* Update: Colorado Politics: Colorado Supreme Court to decide whether video surveillance of drug house violated Constitution by Michael Kartik

“Upon a review of the totality of the circumstances, we conclude that the trial court did not err in its determination that the information contained in the affidavit was sufficient to establish probable cause for the issuance of a search warrant. The affidavit establishes the confidential informant’s basis of knowledge in that he knew Defendant sold methamphetamine and that he had been at Defendant’s residence within the last seventy-two hours, and while at the residence had seen methamphetamine in Defendant’s possession. This is enough to establish a sufficient ‘nexus between the criminal activity, the place to be searched, and the items to be seized.’” State v. Borden, 2020 Tenn. Crim. App. LEXIS 515 (July 27, 2020).*